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Compensation for Traffic Accidents: Insurance Claims and Time Limits

The liability of the vehicle operator, the mandatory prior application to the insurer and limitation periods.

Author: Att. Ahmet Bertuğ Dönmez Date: 7 August 20261 min read

If the operation of a motor vehicle causes death, injury or damage to property, the operator of the vehicle and the owner of the enterprise to which it belongs are jointly and severally liable (Highway Traffic Law No. 2918, Art. 85).

Compulsory insurance

This liability is covered by compulsory motor third-party liability insurance (Art. 91). The injured party can apply directly to the insurer within the policy limits.

Apply to the insurer first

Before suing the insurer or going to arbitration, a written application must first be made to the insurance company. If the insurer does not conclude the application within fifteen days, or the outcome is disputed, a case can be filed (Art. 97).

Limitation period

Compensation claims arising from traffic accidents are time-barred two years after the injured party learns of the damage and the liable person, and in any case ten years after the accident. If the damage arises from an act that is also a crime and criminal law provides a longer limitation period, that period applies (Art. 109).

Collect the accident report, photographs, medical reports and expense documents from the day of the accident; proof of your claim depends on them.

Sources

  • Highway Traffic Law No. 2918, Arts. 85, 91, 97, 109
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